3D Builder (the “Service”) is owned and operated by Scolere. By using the Service, you indicate your acknowledgement and acceptance of this Terms of Service (the “Terms.”)
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICE.
Accounts
We require that all users provide us with accurate information, including your legal full name and a valid email address.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You consent to being sent marketing emails directly related to the Service. To unsubscribe from the Service marketing emails, click the unsubscribe link included in these emails.
Your account may only be used by a single individual – you are not allowed to share a login with multiple people. You may not sell, sublicense, rent, loan, lease or donating access to your Service account to other individuals or services.
One person or legal entity may not maintain more than one free trial account.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
Violation of any of the terms of this agreement will result in the termination of your Account.
Copyright
You retain all ownership of the materials (the “Content”) provided to the Service. Scolere claims no intellectual property rights over the Content. However, by making your profile and material publicly visible, you agree to allow others to view the Content.
It is your responsibility to ensure that you have the necessary permissions for the material you make available to the Service, whether it is made publicly visible or not. Scolere will not be held liable for any damages arising from your distribution of materials via the Service.
As such, you shall defend Scolere against any claim, demand, suit or proceeding made or brought against Scolere by a third party alleging that your Content, or your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Scolere for any damages finally awarded against, and for reasonable attorney’s fees incurred by Scolere in connection with any such claim, demand, suit or proceeding; provided, that Scolere (a) promptly gives you written notice of the claim, demand, suit or proceeding; (b) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Scolere of all liability); and (c) provides to you all reasonable assistance, at your expense.
Excluding content uploaded into user accounts, all other website content (“Service Content”) is Scolere copyright. Any download, reproduction and modification of Service Content requires written consent.
Scolere has the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
You may notify Scolere of possible Infringement by contacting support@Scolere.com. Include as the title “Copyright Infringement Notice” and include a detailed description of the alleged Infringement enough to enable Scolere to make a reasonable determination. Please note that you may be held accountable for damages (including reasonable costs and legal fees) for misrepresenting that any Content is infringing your copyright.
Cancellation and Termination
To stop the service and payments you need to give a 3 month notice and send an email to support@scolere.com specifying your user name and stating in the subject that we are to cancel or terminate your account. We would appreciate knowing the reason for your cancellation, but it is not required.
Scolere can also terminate the service by giving a 3 month notice.
All your uploaded Content will be made inaccessible from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
Modifications
Prices of all offered Services are subject to change upon 30 days advanced notice. Such notice may be provided at any time by posting the changes to the Service website or by informing users directly.
Scolere reserves the right to modify and/or temporarily disable any offered Services with or without notice. Scolere will provide 30 days’ notice prior to permanently discontinuing an offered Service.
Scolere shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
API
You may access your Service account data via an API. Your use of the API, including use of the API through a third-party service, is bound by the Terms and these items:
- You expressly understand and agree that Scolere shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Scolere has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
- Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account’s access to the API. Scolere, in its sole discretion, will determine abuse or excessive usage of the API. Scolere will make a reasonable attempt via email to warn the account owner prior to suspension.
- Scolere reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Billing
The Service is provided as an annual contract, billed in advance quarterly or yearly, and is non-refundable. There will be no refunds or credits for partial periods of service, no upgrade/downgrade refunds, or after the fact refunds for unused paid accounts. No exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
When downgrading your Service, you may lose Content, features or capacity of your Account. Scolere does not accept any liability for such loss.
Non-standard arrangements regarding services, and pricing plans are confidential, and are not to be disclosed to any third party without permission.
General
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
You understand that Scolere may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service.
You must not upload materials or profiles that are, in our sole discretion, unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Any verbal, physical, written or other abuse (including threats of abuse or retribution) of any Scolere customer, employee, member, or officer will result in immediate account termination.
While Scolere prohibits such inappropriate conduct and content on the Service, you understand and agree that Scolere cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials.
No Warranties
Scolere does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
Indemnification
You expressly understand and agree that Scolere shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Scolere has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
Limitation of Liability
WHEN PERMITTED BY LAW, SCOLERE, AND SCOLERE’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF SCOLERE, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICE IN THE LAST 3 MONTHS FROM THE DATE OF FILING THE CLAIM .
IN ALL CASES, SCOLERE, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE.
Business User of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Scolere and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Service or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
No Waiver
The failure of Scolere to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Scolere and govern your use of the Service, superseding any prior agreements between you and Scolere (including, but not limited to, any prior versions of the Terms of Service) for the Service.
No Agency
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
Security
Scolere takes reasonable steps to protect against the unauthorized access to personal information and uploaded materials, but no site is completely secure from authorized access. You understand and agree that Scolere shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Scolere has been advised of the possibility of such damages), resulting from any security incidents, threats, issues, or breaches.
Changes
If Scolere makes material changes to these Terms, we will notify you by email or by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Scolere used herein are trademarks or registered trademarks of Scolere. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Severability
If any provision or part of any provision in these Terms is void, invalid, or unenforceable for any reason, it shall be severed without affecting the validity of these Terms.
Jurisdiction
You agree that these Terms of Service and your use of the Service are governed and construed in accordance with the laws of the State of Washington, USA and the courts of the Washington shall have jurisdiction to hear all the matters arising hereunder.
Privacy Policy
Your personal information is governed by the Scolere Privacy Policy. The Scolere Privacy Policy is integrated into this agreement by reference.
Third Party Clauses
This software may contain code (including open source code) developed and provided by other entities. All rights, reserved. Such code is provided “AS IS” and unless otherwise required by applicable law, these entities disclaim any and all warranties, whether express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose or noninfringement of third-party rights. To the maximum extent permitted by applicable law, in no event shall these entities be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of such code.